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1976-05-03 Regular Meeting ~4 I _ I / / MINUTES OF REGULAR MEETING, MAY 3, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 3, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra- tion Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; ~laud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; County Manager Dan W. Eller; county Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. Chm. Peter R. Davis arrived later in the meeting. Vice-Chm. O'Shields called the meeting to order in the absence of Chm. Davis, who was attending an official greeting ceremony at the State Port Authority Docks for the French Navy Vessels, La Bourdonnais and Le picard. .~ ) Comm. William C. Taylor offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, APRIL 20, 1976, AND SPECIAL MEETING, APRIL 27, 1976 Comm. Wright stated that on Page 103 of the Minutes of the Regular Meeting of April 20, 1976, under "Approval of Abatements and Refunds", it should be noted that the names of Norma E. Venables and "unknown" on Page 2 of the list pf Abatements and Refunds were changed to the State of North Carolina; and on Page 110 under "Request for Report from ABC Board", it should be noted that the whole board agreed for the letter to be written requesting the report. Comm. Wright also stated that in the Minutes of the Special Meeting of April 27, on Page 113, under "Presentation of Parks and Recreation Master Plan" where it was stated that "Each of the Board members present expressed his opinions of the Plan", she would like it noted that she had left a ~ittle early (at 8:50 a. m.) and did not express any opinions at that meeting. County Manager Eller reported that after the Commissioners' copies of the Minutes of the Regular Meeting of April 20 had been mailed, the award of the Contracts, which had been omitted, had been inserted in the Minutes on Page 104 under "Approval of Capi- tal projects Ordinance for Law Enforcement Center". Comm. Alper moved, seconded by Comm. O'Shields, approval of the Minutes of the Regular Meeting of April 20, 1976, and Special Meeting of April 27, 1976, as amended. Upon vote, the motion carried as follows: f\ ) . .J Voting Aye: Corom. Alper, O'Shields, Taylor and Wright Absent: Chm. Davis REQUEST OF DIVISION OF FOREST RESOURCES Mr. Derryl Walden, District Forester, appeared before the Board to request the Commissioners to participate in the State Forest Service Program. Mr. Walden had estimated that the County's share for this program for the Fiscal Year 1976/77 would be $16,688. He explained to the Board the reasons for requesting that New Hanover County participate in the Forestry Service and outlined the services offered by them. Mr. M. A. Abernathy, of the Fire Inspections Committee; Mr. Bill Malloy, Winter Park VFD; Mr. Frank Piner, Myrtle Grove VFD; and Mr. Leonard McDowell, Federal Point VFD, all members of local Volunteer Fire Departments, appeared before the Board to give their opinions on the Forestry Service and stated that at a meeting of their organization, the majority of the fire departments represented voted to oppose New Hanover County's participation in the State Forest Service Program. Comm. Alper suggested this item be tabled for another year. No action was taken by the Board on the matter. t) .I PUBLIC HEARING Notice had been published in the Star-News that a public hearing would be held by the Board of Commissioners of New Hanover County on Monday, May 3, 1976, at 9:30 a. m. in the New Hanover County Commission Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (BEHIND HENRY'S DRIVE-IN) ON THE WEST ~IDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) FOR A MOBILE HOME IN ZONING AREA #4. Planning Director Richard Fender, appeared before th~ Board and reported that the Planning Commission had considered this application at its April meeting and both the Planning Commission and Planning Staff recommended approv~l of the Special Use Permit. ~.. . . I. ~ 11 ~_) ,"",lIJ:~ MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) APPLICATION FOR SPECIAL USE PERMIT (CONTINUED) Vice-Chm. 0' Shields asked. if there was anyonE~ present to speak for or against this application for special use permit. Mrs. Roubini Omirly, the petitioner, appeared to request approval of the special use permit and no one appeared in opposition. After the coromission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and !3pecifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. Alper, that this Special Use Permit be issued based on the plan as submitted with the application for Special Use Permit and the recoromendation of the Planning CO~lission. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Wright Absent: Chm. Davis APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT THE NORTHWEST CORNER OF MARKET STREET (U. S. lH'lY. 17) AND LENNON DRIVE FOR AN ANIMAL HOSPITAL AND VETERINARY CLINIC IN ZONING AREA #9A. Planning Director, Ricpard Fender, appeared before the Board and reported that the Planning Commission had considered this application at its April meeting and both the Planning coromission and Planning Staff had recommended approval. He also reported that if the proposed amendments to the County Zoni.ng Ordinance were approved, there would be no need for this Special Use Permit. It was agreed to consider the following prope,sed amendments to the County Zoning Ordinance and no action was taken on this Special Use Permit. APPROVAL OF PROPOSED AMENDMENTS TO THE COUNTY ZON1NG ORDINANCE Planning Director, Richard Fender, reported that the Planning Commission and Staff recommended including Animal Hospital or Veterinary Clinic in the B-1 and B-2 Zoning Districts and put Animal Boarding Place in the Spe,cial Use Section for the B-1 and B-2 Districts. Corom. Wright moved, seconded by Comm. Alper, approval of the following Amendments to the County Zoning Ordinance: AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTE CAROLINA ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COlNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended as follows: 1. Amend Article V, Section 54-2 by adding the following: (23) Animal hospital or veterinary clinic. 2. Amend Article V, section 54-3 to read as follows: (1) Animal boarding place. 3. Amend Article V, Section 55-2 by adding the following: (28) Animal hospital or veterinary clinic. 4. Amend Article V, ~ection 55-3 to read as follows: (1) Animal boarding place. .~ ;-- I ! H, 1.0 MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) AMENDMENTS TO COUNTY ZONING ORDINANCE (CONTINUED) Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 3rd day of May, 1976. Upon vote, the Ordinance was adopted by the following vote: Voting Aye: Comm. Alper, O'Shields, Taylor and Wright ~I /1 Absent: Chm. Davis APPROVAL OF PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE Planning Director, Richard Fender, reported that th~ Planning Staff had recommended, and the Planning Commission concurred in their recommendption, the deletion of Paragraph 7 of Article V, Section 52-4, which is the R-15 Zoning District in the County. Comm. Alper moved, seconded by Comm. Taylor, approval of the following Amendment to the County Zoning Ordinance: AN ORDINANCE OF THE COUNTY .oF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH FAROLINA ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended as follows: 1. Amend Article V, Section 52-4 by deleting the following: (7) The Building Inspector may grant a ten (10) per cent variance for minimum lot area and minimum lot width for lots of record established after the adoption of the Zoning Ordinance within the R-15 District that are served by coromunity water system approved by the New Hanover County Health Department. {\1 /! Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the i.nterest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 3rd day of May, 1976. CHM. DAVIS ARRIVED AT THE MEETING AT 9:55 O'CLOCK A. M. Upon vote, the Amendment to the Zoning Ordinance was unanimously adopted. APPROVAL OF REZONING PROPERTY LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. HWY. 421) BETWEEN MANASSAS DRIVE AND CATHAY ROAD FROM R-15 (IffiSIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #4. Planning Director, Richard Fender, explained to thE! Board that this was the same appeal they had acted on at the meeting of April 5, 1979, at which time they reduced r-'\...,II the amount of property requested to be rezoned and approved the rezoning of 300 feet) along the highway and 400 feet in depth. He pointed out that the B-2 District required a minimum of five acres and in order to meet the requirE!ments, he requested the Com- missioners to approve the rezoning of 436 feet along thE! highway and 500 feet in depth instead of the 300 feet by 400 feet that was approved previously. Cornrn. Wright moved, seconded by Comm. O'Shields, approval of the revised request and that the Ordinance entitled "An Ordinance of the C01mty of New Hanover Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina, Adopted April 7, 1971" be adopted. Upon vote, the Ordinance was adopted unanimously. The Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 4, Page 16. ~ 117 ~ ~7~ MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) t: REQUEST FOR ADOPTION OF ORDINANCE REGULATING THE KEEPING OF ANIMALS ON PRIVATE PROPERTY Mrs. Eleanor Dennell and Mrs. M. A. Abernathy appeared before the Board to request that an ordinance be adopted regulating the keeping of animals on private property. Planning Director, Richard Fender, reported th,3.t the only ordinances presently in force on this matter would come under jurisdiction of the Health Department It was agreed by common consent that the matter would be referred to the Health Department for investigation and also the Planning Department would look into the matter and report back at the next Commissioners' m,:!eting. . CHM. DAVIS LEAVES MEETING Chm. Davis was excused from the meeting to extend formal greetings to the French vessels. BACKDATING TITLE XX CONTRACTS County Manager Eller reported that the State ~~partment of Human Resources had advised that they would not honor requests for rei~)ursement under the Title XX con- tracts for expenditures made prior to the date of the signature of the Chairman of the County Commission on April 20, 1976. The Commissioners were requested to authorize the signature dates on the Contracts to be changed 1:0 coincide with the effective dates of the programs. County Attorney Fox stated that, in his oplnlon, it would be all right to backdate the contracts providing the Minutes indicated that 1:he Chairman was authorized to sign the Contracts as of the effective date of the Contracts. Comm. Alper moved, seconded by Corom. O'Shields, that the Chairman be authorized to sign the Contracts as of the effective date of each individual contract as listed below. . Legal Services Foundation, Inc. Brigade Boys' Club Girls Club of Wilmington Family Service/Travelers Aid (Consumer Credit Counseling) Family Service/Travelers Aid (Social Development & Group Services) January 30, 1976 January 30, 1976 January 30, 1976 January 30, 1976 January 30, 1976 Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, O'Shields and Taylor Voting Noe: Corom. Wright Absent: Chm. Davis Copies of the Contracts are on file in the County Manager's Office. REMITTANCE OF TAXES TO NEW HANOVER COUNTY SCHOOLS County Manager Eller reported that the School Budget and Fiscal Control Act states that taxes collected by the County shall be remitted to the schools on a basis mutually agreeable to the Board of Education and the County Commission. In the past, school taxes had been remitted on a monthly basis as the taxes were collected. The Board of Education, at its regular meeting of Tuesday, April 27, approved the continuation of this method. The County Manager and Finance Officer recommended the Coromission also approve this method of remitting taxes to the schools. Comm. Alper moved, seconded by Corom. Taylor, approval of the continuation of re- mitting taxes to the schools by the same method that had been used in past years upon . the recommendation of the County Manager and County Finance Officer. Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, O'Shields, Taylor and Wright Absent: Chm. Davis APPROVAL OF TAX REFUND - EUGENE HANSLEY Stanley Mr. Hansley and his attorney, Richard -Mffi':~ appeared before the refund of taxes paid by Mr. Hansley on property that did not belong to plained that Mr. Hansley had paid the taxes on what he thought was his upon investigation it was discovered that he did not own the property. Board to request him. They ex- property, but (See Page l22 for correction) -... ~ ~ I I u.~ //&' MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) APPROVAL OF TAX REFUND - EUGENE HANSLEY (CONTINUED) Comm. Wright moved that Mr. Hansley be refunded his taxes. The motion died for lack of a second. County Attorney Fox stated that if there had been an error on the part of the Tax Department, he felt that the taxes could be refunded. Mr. Larry Powell, Tax Administrator, and Mrs. Janie Straughn, Tax Collector, ap- peared to explain their opinion of what transpired at the time the taxes were paid. Comm. Wright moved, seconded by Corom. Taylor, that. the Board felt that since there was sufficient cause due to some errors, the taxes be refunded to Mr. Hansley in the amount of $300.14. Upon vote, the motion carried as fqllows: ~ / Voting Aye: Comm. Alper, 0' Shields, Taylor and WI'ight Absent: Chm. Davis LETTER OF INTENT TO FUND SERVICES FOR THE AGING BUDGET Mrs. Dolli Asbury had requested the Commissioners furnish a letter of intent to fund Services for the Aging in the amount of $8953 in the budget for 1976/77. County Manager Eller stated that the letter of intent was necessary to satisfy a requirement to get Federal funds for the program. He also stated that the request this year was for approximately $203 more than it was last year. Comm. O'Shields moved, seconded by Corom. Alper, approval of a letter of intent to the Services for the Aging in the amount of $8953 as he felt the $203 increase over last year was very modest. Upon vote, there was a tie as follows: Voting Aye: Comm. Alper and O'Shields Voting Noe: Corom. Taylor and Wright Absent: Chm. Davis Corom. Taylor moved, seconded by Carom. Alper, approval of a letter of intent to fund ~ the same amount that was funded last year subject to review at the time of the budget hearing. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields and Taylor Voting Noe: Comm. Wright Absent: Chm. Davis REQUEST FOR ANALYSIS OF EMERGENCY AND RESCUE SERVICES VS. NON-EMERGENCY AMBULANCE SERVICE The Cape Fear Emergency Medical Services Council had received a request from the Tri-County Medical Society to analyze problems relating to emergency and rescue services vs. non-emergency transportation services by ambulances in New Hanover County. Comm. Wright reported that the request was to get some type of action started regarding under par service, and the Emergency Medical Services Council was hesitant to come into a county and report on any local service unless that county requested it. The Commissioners were requested to endorse the underta<ing of such an analysis. Comm. Wright moved, seconded by Comm. Alper, that the Council of Governments Emergency Medical Services Council undertake the analysis and furnish the Commissioners any inform~tio~ they,dthQugbt might be helpful. Upon vote, the motion carried as follows: (See Page t,.22 Jor aa 1.-twn) Voting Aye: Comm. Alper, O'Shields, Taylor and Wright ~i ) Absent: Chm. Davis DISCUSSION OF ORDINANCE REGULATING USE OF PUBLIC ADDRESS SYSTEMS ON AUTOMOBILES Comm. Taylor reported that it had been brought to his attention that with so many people having Citizens Band Radios with public address Gystems in their automobiles, it could become a nuisance in neighborhoods during certain times, such as election time, etc., He requested the Commissioners consider an Ordinance regulating the use of public address systems. It was agreed that the County Attorney would draft an ordinance, and it will be reviewed at the first meeting in June. \ '. . . lJV ~ MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) .,t CHM. DAVIS RE'l'URNS Chm. Davis returned at 11:10 A. M. and was pr~sent for the balance of the meeting. DISCUSSION OF PARKS AND RECREATION MASTER PLAN Comm. O'Shields expressed his opinion of the Parks and Recreation Master Plan and moved that the Commissioners adopt this Master Plan as presented by Gardner Gidley. The motion died for lack of a second. Comm. Wright stated that she felt the Board s'lould not take any stand that would obligate it and the best thing to do would be to accept the study with the understanding that they would implement portions they felt were necessary when funds were available. Chm. Davis concurred in Comm. Wright's statem:!nt that the draft should be accepted and if at budget time, and contingent upon the tax rate, if it was felt that funds could be allotted for parks and recreation, it should be done. Corom. Alper moved, seconded by Chm. Davis, that the County Commission go on record that it looked favorably upon the report and would do what it could to implement it, or portions of it, when, and if, possible subject to budget conditions; and hopefully, in 1976/77, if any means could be found in which to implement some of these fine ideas, they would endeaver to do so. Upon vote, the motion was defeated as follows: Voting Aye: Comm. Alper and Chm. Davis voting Noe: Comm. O'Shields, Taylor and Wright Comm. Taylor moved, seconded by Chm. Davis, to accept the Master Plan for the Parks and Recreation Report. Upon vote, the motion was defeated as follows: Voting Aye: Comm. Tayior and Chm. Davis Voting Noe: Corom. Alper, O'Shields and Wright Corom. O'Shields made another motion that the plan be accepted as presented and theCoromissioners indicate their willingness to fWld it in some degree for 1976/77. The motion died for lack of a second. Comm. Wright moved to put the plan on the shelf with the other studies and the Com- missioners would do something whenever they decided to. The motion died for lack of a second. Corom. Wright moved that Mr. Gidley be paid for his report. The motion died for lack of a second. Chm. Davis moved, seconded by Comm. Taylor, that the Commissioners commend Mr. Gidley and accept his report and keep an eye on it in the future as to what could be done with it. Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, Taylor and Chm. Davis Voting Noe: Corom. O'Shields and Wright Corom. O'Shields stated for the record that his reason for voting "noe" on that motion was because there was no positive action taken to implement any of the plan for 1976/77. Comm. Wright felt that it should be recorded 1:hat Mr. O'Shields wanted to take positive action before he knew the tax rate or saw the budget, which was very unwise. BUDGET AMENDMENT - SALES TAX ON MENTAL HEALTH CENTI:R County Manager Eller reported that the Contract for construction of the Mental Health Center called for the County to pay the salE!s tax. This had not been anticipated in the budget and the Coromissioners were requested to approve the following budget amend- ment in order to pay this sales tax: Debit - Acct. #11 367 01 - Sales Tax Refmlds (This acct. is $15,000 over estimated) Credit - Acct. #11 660 37 - State Sales Tax Credit - Acct. #11 660 39 - County Sales ']'ax $7,000 $5,000 2,000 Upon motion by Corom. O'Shields, seconded by Comm. Alper, the budget amendment was unanimously approved as requested. ~ ~2() / ,,) MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) APPROVAL LEAA GRANT - CRIME PREVENTION OFFICER The County Manager reported that the application for the LEAA Grant for a Crime Prevention Officer had been resubmitted for additional funds. County Manager Eller recom- mended that the Board authorize the Chairman to execute the Resolution authorizing the application for $7,437 in Federal funds with a local caBh matching contribution of $4,956. Upon motion by Corom. 0 I Shields, seconded by Comm. ~raylor, the Resolution was unanimously adopted. A copy of the Resolution is on file in the County 1-1anager's Office. I): . I APPROVAL OF LANDFILL RATES FOR FISCAL YEAR 1976/77 County Manager Eller reported that there had been Borne negotiations and discus- sions about the landfill rates for the coming fiscal year and it was his recoromendation and the recommendations of the municipalities involved that the rate remain at $.84 per cubic yard for the Fiscal Year 1976/77. Chm. Davis moved, seconded by Corom. Taylor, to accE~pt the rate of $.84 per cubic yard for Fiscal Yeal 1976/77. Upon vote, the motion carried unanimously. DISCUSSION OF REVENUE SHARING AND APPROVAL OF SINGLE TAX LEVY FOR 1976/77 County Finance Officer, Felix Cooper, reported to ~he Board the reduction in Revenue Sharing Funds for New Hanover County for the 7til Entitlement Period and ex- plained the reason for the reduction was due to the method of levying taxes. He stated that, in his opinion, it would be to the County's advantage to consider the single tax levy method, and this would be his recommendation along with that of the County Manager. Comm. O'Shields moved, seconded by Comm. Taylor, to go to the Single Tax Levy for Fiscal Year 1976/77. Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Cotnm. Wright AUDIT REPORT ON CAMP DOLPHIN County Manager Eller reported that he had received a copy of the Audit Report on Campoolphin, which was operated by the Southeastern Men1:al Health Center, and the Com- missioners were welcome to look at if they cared to do !;o. I) REQUEST FOR CAROLINA POWER & LIGHT COMPANY TO TAKE OVER POWER LINES AT AIRPORT County Manager Eller reported that the Airport Manager had requested that the County ask C. P. & L. to take over power lines, previously owned by the Air Force, that were on Airport Property in the area the County obtained from the Air Force. The County Manager and Airport Manager recoromended that the Chairmcm be authorized to write a let- ter to C. P. & L. requesting that they take over the lines so that if there were any problems with the lines, C. P. & L. would be able to take care of it. Upon motion by Corom. Alper, seconded by Comm. O'Shields, authorization for the Chairman to write the letter to Carolina Power & Light Company as recommended by the Airport Manager and County Manager was unanimously approved. LETTER FROM SENATOR WILLIAM G. SMITH CONCERNING BOAT RA~W AT CASTLE HAYNE County Manager Eller reported on the receipt of a letter from State Senator, William G. Smith, concerning his attempt to arrange a lease between the Wildlife Com- mission and the Department of Transportation for property to be used as a boat ramp on the Northeast Cape Fear River at Castle Hayne. BUDGET AMENDMENT - COURTHOUSE/JAIL CONSTRUCTION FUND County Manager Eller reported that there would be ~:ome final inspection fees to the architects on Phase I of the Law En~orcement Center project, and requested the Com- missioners appropriate $3,000 from unappropriated Fund E:alance to Appropriated Fund Balance and appropriate $3,000 to Professional Services; Acct. #63 575 04, in the Courthouse/Jail Construction Account to pay the bill. (\1 ./1 Upon motion by Cornrn. Alper, seconded by Cornrn. O'Shields, the amendment was unani- mously approved as recommended by the County Manager. ~. t; , ~ \ /J I MINUTES OF REGULAR MEETING, MAY 3, 1976 (CONTINUED) APPROVAL OF ADDITIONAL ALYMINUM SEATING AT LEGION STADIUM Chm. Davis reported on the progress of renovations at Legion Stadium and re- quested the Commissioners approve,an additional $11,460 to put in more aluminum seats as that was the last item that really needed to be done. Comm. Wright stated that she felt the Stadium Commission should be disbanded since the County's contribution under the Contract had been finished. Chm. Davis moved, seconded by Comm. O'Shields, that the County fund $11,460 from Contingencies, Acct. #11 445 61, to Capital Outlay - Other Improvements, .Acct. #56 575 73, to finish the stadium seats. Upon vote, the motion carried as follows: (See Page l22 for correc'tion.) Voting Aye: Comm. Alper, O'~hields and Chm. Davis Voting Noe: Comm. Taylor and Wright Comm. Wright stated that she felt if the County had $11,000 at the end of the tax year, it could be put into the budget for next year for parks. DISCUSSION OF APPOINTMENT TO. SOUTHEASTERN MENTAL HEALTH BOARD Corom. Alper moved, seconded by Chm. Davis, the appointment of Howard Suttle to the Southeastern Mental Health Board. It was agreed that Comm. Alper would call Mr. Suttle first to see if he would be willing to serve and if he could fill the category that was vacant. BUDGET TRANSFER - DISTRICT ATTORNEY County Manager Eller reported that the District Attorney had requested the transfer of $1,000 from Salar~es and Wages, Acct. #17 471 02, to Capital Outlay _ Equipment, Acct. #17 471 74, to purchase some additional furniture. District Attorney, Allen,Cobb, appeared before the Board to express his appreciation to the Board for allowing him and his staff to move into the building at 14 North Third Street and also to commend the Building & Grounds Superintendent, Winfred Simpson, . and his crew for the outstanding help they had given him in moving. Chm. Davis moved, seconded by Comm. Alper, approval of the budget transfer as re- quested by the District Attorney. Upon vote, the motion carried unanimously. ADJOURNMENT Corom. Alper moved, seconded by Comm. O'Shields, that there being no further business, the meeting be adjourned. Upon vote, the motion ca:r-ried unanimously. Chm. Davis adjourned the meeting at 12:05 o'clock p. m. Respectfully submitted, t:2t~~ /J. ;J2.-~L--/ Alyce H. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, MAY 17, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 17, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra- tion Building, Wilmington, North Carolina. . Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; County Attorney James C. Fox and Clerk to the Board Alyce B. Brown. No members were absent. Chm. Davis called the meeting to order. Rev. James C. Stokes of Sunset United Methodist Church offered the invocation. .~